SURVEILLANCE DEVICES ACT 2004 - SECT 50 Annual reports

SURVEILLANCE DEVICES ACT 2004 - SECT 50

  (1)   The chief officer of a law enforcement agency must submit a report to the Minister that includes the following information in respect of each financial year:

  (a)   the number of applications for warrants made by or on behalf of, and the number of warrants issued to, law enforcement officers of the agency during that year; and

  (aa)   the number of international assistance applications made by or on behalf of, and the number of warrants issued as a result of such applications to, law enforcement officers of the agency during that year; and

  (b)   the number of applications for emergency authorisations made by, and the number of emergency authorisations given to, law enforcement officers of the agency during that year; and

  (c)   the number of applications for tracking device authorisations made by, and the number of such authorisations given to, law enforcement officers of the agency during that year; and

  (d)   the number of remote applications for warrants made by or on behalf of law enforcement officers of the agency during that year; and

  (e)   the number of applications for warrants, emergency authorisations or tracking device authorisations made by or on behalf of law enforcement officers of the agency that were refused during that year, and the reasons for refusal; and

  (ea)   the number of international assistance applications made by or on behalf of law enforcement officers of the agency that were refused during that year, and the reasons for refusal; and

  (eb)   if the agency is the Australian Federal Police or the Australian Crime Commission--the kinds of offences targeted by data disruption warrants issued during that year in response to applications made by or on behalf of law enforcement officers of the agency; and

  (ec)   if the agency is the Australian Federal Police or the Australian Crime Commission--the kinds of offences in relation to which information was obtained under network activity warrants issued during that year in response to applications made by the chief officer of the agency; and

  (f)   the number of applications for extensions of warrants made by or on behalf of law enforcement officers of the agency during that year, the number of extensions granted or refused and the reasons why they were granted or refused; and

  (g)   the number of arrests made by law enforcement officers of the agency during that year on the basis (wholly or partly) of information obtained by:

  (i)   the use of a surveillance device under a warrant; or

  (ii)   access under a warrant to data held in a computer; or

  (iii)   an emergency authorisation for the use of a surveillance device; or

  (iv)   an emergency authorisation for access to data held in a computer; or

  (v)   a tracking device authorisation; and

  (h)   the number of instances during that year in which the location and safe recovery of children to whom recovery orders related was assisted (wholly or partly) by information obtained by:

  (i)   the use of a surveillance device under a warrant; or

  (ii)   access under a warrant to data held in a computer; or

  (iii)   an emergency authorisation for the use of a surveillance device; or

  (iv)   an emergency authorisation for access to data held in a computer; or

  (v)   a tracking device authorisation; and

  (i)   the number of prosecutions for relevant offences that were commenced during that year in which information obtained by:

  (i)   the use of a surveillance device under a warrant; or

  (ii)   access under a warrant to data held in a computer; or

  (iii)   an emergency authorisation for the use of a surveillance device; or

  (iv)   an emergency authorisation for access to data held in a computer; or

  (v)   a tracking device authorisation;

    was given in evidence and the number of those prosecutions in which a person was found guilty; and

  (ia)   for each of the following offences:

  (i)   an offence against a law of a foreign country;

  (ii)   a crime within the jurisdiction of the ICC (within the meaning of the International Criminal Court Act 2002 );

  (iii)   a Tribunal offence (within the meaning of the International War Crimes Tribunals Act 1995 );

    in respect of which a warrant was issued as a result of an international assistance application made by or on behalf of law enforcement officers of the agency during the year--the offence (if any), under a law of the Commonwealth, a State or a Territory, that is of the same, or a substantially similar, nature; and

  (j)   any other information relating to the use of surveillance devices, access to data held in computers and the administration of this Act that the Minister considers appropriate.

  (2)   The information referred to in paragraphs   (1)(a), (b) and (c) must be presented in such a way as to identify the number of warrants issued, emergency authorisations given, and tracking device authorisations given, in respect of each different kind of surveillance device.

  (3)   The report must be submitted to the Minister as soon as practicable after the end of each financial year, and in any event within 3 months after the end of the financial year.

  (4)   The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it.

  (5)   Subsection   (4) has effect subject to section   50A.